I have filed a complaint with the labour commissioner Bangalore against a top builder of Bangalore and its 9 security service providers for :
1. Making security personnel work for 12 hours duty per day, 30 days a month
2. Not paying minimum wages nor double overtime for duty performed
3. Not paying any other benefit to security guards such as bonus, free uniform and leave salary as mandated by the Karnataka Government.
4. Not paying the security personnel on time which is the 7th of every month.
The contention of the builder whose HR head is an esteemed member of this forum is that the agreement entered in to with the security service provider is based on minimum wages. They are paying the security service providers Rs 4000 to Rs 5500 per guard per month.
The costing per guard per month works out to Rs 5832 per guard per month for 8 hours duty(Costing attached ) and if we consider 12 hours per day even on single wages 8748 per guard per month. If double wages are to be considered then it would be at-least Rs 5832 plus 80% as overtime is not applicable for PF and leave bonus etc are not taken in to account. Then this amount would be around Rs 10500 per month per guard based on minimum wages.
Please advise as to how to proceed with this case in the labour court so that the concerned builder does not exploit the poor guards and the security agency complies with all statutory norms. please also let me know if my complaint is legal and valid.
I have also complained to the PSARA licensing authority in Bangalore to cancel the PSARA licenses of these 9 security service providers for reqsons mentioned as above.
Thanks,
Jasvinder Singh
From India, Bangalore
61. Making security personnel work for 12 hours duty per day, 30 days a month
2. Not paying minimum wages nor double overtime for duty performed
3. Not paying any other benefit to security guards such as bonus, free uniform and leave salary as mandated by the Karnataka Government.
4. Not paying the security personnel on time which is the 7th of every month.
The contention of the builder whose HR head is an esteemed member of this forum is that the agreement entered in to with the security service provider is based on minimum wages. They are paying the security service providers Rs 4000 to Rs 5500 per guard per month.
The costing per guard per month works out to Rs 5832 per guard per month for 8 hours duty(Costing attached ) and if we consider 12 hours per day even on single wages 8748 per guard per month. If double wages are to be considered then it would be at-least Rs 5832 plus 80% as overtime is not applicable for PF and leave bonus etc are not taken in to account. Then this amount would be around Rs 10500 per month per guard based on minimum wages.
Please advise as to how to proceed with this case in the labour court so that the concerned builder does not exploit the poor guards and the security agency complies with all statutory norms. please also let me know if my complaint is legal and valid.
I have also complained to the PSARA licensing authority in Bangalore to cancel the PSARA licenses of these 9 security service providers for reqsons mentioned as above.
Thanks,
Jasvinder Singh
From India, Bangalore
Dear Mr Jasvinder Singh
In Labour Courts and authorities the burden of proving that the Security Guards worked 12 Hours is on the person who asserts it.Please collect proof for that.Once you prove it then then they will get their overtime allowance.
In case you need State wise implementation then you should go in for a PIL.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
From India, Bangalore
In Labour Courts and authorities the burden of proving that the Security Guards worked 12 Hours is on the person who asserts it.Please collect proof for that.Once you prove it then then they will get their overtime allowance.
In case you need State wise implementation then you should go in for a PIL.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
From India, Bangalore
Dear Mr. Jaswinder Singh
We are asking the security agency to provide 8 hours shift, 3 shifts per day security guards. Here the fact is even the builders are aware that the security guard should not be engaged for more than 1 shift. But if OT (Even it is single too accepted) is not there, the security Guards are not ready to come for duty. That's the reason, the Guards are doing 12 hours duty. Here no one is compelling any one to perform 12 hrs duty. The security Guards only requesting the Security Provider to give them atleast 12 hours duty. The security providers are so kind enough to engage them for 12 hours and ready to face the consequence.
Now you are thinking you have done some good thing to the Guard. But the fact is you are going to curtail their payment by 1/3. Whoever drawing Rs.7500/- per month now onwards will earn only Rs.5000/-. So with your great help, their salary will be reduced and you will get the blessings too.
Yes. Now the builders will insist the Security providers to procure 8 hours duty Security Guards and they will ensure that the guards cannot perform more than 8 hours duty. As a matter of fact they do not have anyother job which can be done in their leisure time and they cannot go for another job too. Normally the Security Guards are from Ex-defence or from rural illiterates or from Assam/Tripura Region (Nowadays MP Guards are also available who are being paid more).
Have you ever gone to some big shopping mall or big departmental Stores? Can you ever think of checking the persons working there for their salary, welfare, facilities provided to them, etc. If the owners come to know that you are checking their workers, can you imagine, what will be your position.
Of course you may feel bad for my contention, but I am only explaining the reality to you. Nowadays Banks, Insurance Cos. and all the private organisations are working for 12 Hours or more, because now scenario is such.
From India, Kumbakonam
We are asking the security agency to provide 8 hours shift, 3 shifts per day security guards. Here the fact is even the builders are aware that the security guard should not be engaged for more than 1 shift. But if OT (Even it is single too accepted) is not there, the security Guards are not ready to come for duty. That's the reason, the Guards are doing 12 hours duty. Here no one is compelling any one to perform 12 hrs duty. The security Guards only requesting the Security Provider to give them atleast 12 hours duty. The security providers are so kind enough to engage them for 12 hours and ready to face the consequence.
Now you are thinking you have done some good thing to the Guard. But the fact is you are going to curtail their payment by 1/3. Whoever drawing Rs.7500/- per month now onwards will earn only Rs.5000/-. So with your great help, their salary will be reduced and you will get the blessings too.
Yes. Now the builders will insist the Security providers to procure 8 hours duty Security Guards and they will ensure that the guards cannot perform more than 8 hours duty. As a matter of fact they do not have anyother job which can be done in their leisure time and they cannot go for another job too. Normally the Security Guards are from Ex-defence or from rural illiterates or from Assam/Tripura Region (Nowadays MP Guards are also available who are being paid more).
Have you ever gone to some big shopping mall or big departmental Stores? Can you ever think of checking the persons working there for their salary, welfare, facilities provided to them, etc. If the owners come to know that you are checking their workers, can you imagine, what will be your position.
Of course you may feel bad for my contention, but I am only explaining the reality to you. Nowadays Banks, Insurance Cos. and all the private organisations are working for 12 Hours or more, because now scenario is such.
From India, Kumbakonam
We can't justify exploitation by saying everyone is doing it.
Any worker who works for 12 hour should be given overtime at double the rate of normal wages.
If there is an infringement, one should not justify it. Can we justify CHILD LABOUR by saying that after ll it provides ome income to the family ??
If continue this logic; one can JUSTIFY EVERY WRONG AND ILLEGAL THING. In that case why punish people for theft or dacoity ? It also provides employment and generates income for some household.
I appreciate the courage and initiative of our member Jasvinder Singh in highlighting this explotation.
Warm regards.
From India, Delhi
Any worker who works for 12 hour should be given overtime at double the rate of normal wages.
If there is an infringement, one should not justify it. Can we justify CHILD LABOUR by saying that after ll it provides ome income to the family ??
If continue this logic; one can JUSTIFY EVERY WRONG AND ILLEGAL THING. In that case why punish people for theft or dacoity ? It also provides employment and generates income for some household.
I appreciate the courage and initiative of our member Jasvinder Singh in highlighting this explotation.
Warm regards.
From India, Delhi
Dear Sirs
I fully agree with Mr.Raj Kumar. If the security guards are made to work for a 12 hour shift and it is not as though they willingly work for a 12 hour shift. Mr.Baskar is telling the fact when he says that nowadays Banks, Insurance Cos. and all the private organisations are working for 12 Hours or more, because now scenario is such. Even in these cases, the 12 hour shift is not in existence in the case of nationalised banks and nationalised insurance companies. Can the practice of 12 hour shift be introduced in an industry with a strong union presence or with a union having political backing. These hours of work can be insisted upon by the employer only where the workmen are not organised into strong trade unions?
With regards
From India, Madras
I fully agree with Mr.Raj Kumar. If the security guards are made to work for a 12 hour shift and it is not as though they willingly work for a 12 hour shift. Mr.Baskar is telling the fact when he says that nowadays Banks, Insurance Cos. and all the private organisations are working for 12 Hours or more, because now scenario is such. Even in these cases, the 12 hour shift is not in existence in the case of nationalised banks and nationalised insurance companies. Can the practice of 12 hour shift be introduced in an industry with a strong union presence or with a union having political backing. These hours of work can be insisted upon by the employer only where the workmen are not organised into strong trade unions?
With regards
From India, Madras
Any things which is against the law is illegal. One can not say that is provide some benifit to one's family members that's why i have done wrong. Ignorance of law is not an excuse.
If any employer/contractor who is take work for 12 hrs from workers with out paying overtime is illegal. The workers are entilted for overtime payment in excess of 8/9hrs as applicable.
If the employer are much concerned by providing them 12hrs duty keeping the prospect of their family then what happened to such genoriousity by not paying overtime as per law.
You need to prove by producing attendance registers, registers of wages, etc that workers were working for 12hrs without any overtime payment.
Regards
If any employer/contractor who is take work for 12 hrs from workers with out paying overtime is illegal. The workers are entilted for overtime payment in excess of 8/9hrs as applicable.
If the employer are much concerned by providing them 12hrs duty keeping the prospect of their family then what happened to such genoriousity by not paying overtime as per law.
You need to prove by producing attendance registers, registers of wages, etc that workers were working for 12hrs without any overtime payment.
Regards
Dear Mr. Baskar ,
with your permission i may add one more detail about the private security man power status. We could not get right manpower for 8 hours Shift. Now a days we should not get identified manpower for Security guards professionals. MAN POWER SHORTAGE is also Big issue, so Compromise with shift timing is the best way. Another one Major perspective on security guards are not working whole 12 hours with full efficiency. means he is getting breathing time more than working hours (Practical approach)...
As you rightly pointed out salary also an important aspect to work long hours.
thanks and regards
From India, Coimbatore
with your permission i may add one more detail about the private security man power status. We could not get right manpower for 8 hours Shift. Now a days we should not get identified manpower for Security guards professionals. MAN POWER SHORTAGE is also Big issue, so Compromise with shift timing is the best way. Another one Major perspective on security guards are not working whole 12 hours with full efficiency. means he is getting breathing time more than working hours (Practical approach)...
As you rightly pointed out salary also an important aspect to work long hours.
thanks and regards
From India, Coimbatore
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